Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 141 Where it is reasonably practicable, the local authority must inform the individual of the purpose for which the information is being collected. The phrase “reasonably practicable” is not defined in LA FOIP. However, the following assists: Reasonably practicable : Reasonable means fair, proper or moderate under the circumstances, sensible.389 Practicable means feasible, fair, and convenient and is not synonymous with possible. An act is practicable of which conditions or circumstances permit the performance.390 What is reasonably practicable depends on the circumstances in each case. Purpose means the purpose for which personal information was obtained or compiled, the object to be attained or the thing intended to be done, e.g., the administration of a program, the provision of a service or other activity.391 The purpose of a collection means the reason(s) the personal information is needed and the use(s) that the local authority will make of the personal information.392 Informing or “notification” allows individuals to understand the purpose, nature, and extent of collection of personal information. Without this information, individuals are unable to ensure that their rights under LA FOIP are respected.393 Notification enables an individual to make an informed decision as to whether to give the personal information to the local authority, ability to understand the consequences of providing it and the ability to exercise privacy rights such as making a privacy complaint. These are at the heart of Fair Information Principles numbers 2 (identifying purposes) and 8 (openness). For more on these principles, see 10 Fair Information Principles earlier in this Chapter. 389 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1456. 390 Gardner, J., and Gardner K. (2016) Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 4, P to R, at p. P-280. The Court of Appeal of Alberta relied on this definition in R. v. Mudry, 1979 ABCA 286 (CanLII) at [14] and again in the Provincial Court of Alberta decision R. v. Graham, 2014 ABPC 197 (CanLII) at [14]. 391 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 392 SK OIPC Investigation Report F-2012-001 at [62]. Originated from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p 248. 393 SK OIPC Investigation Report F-2012-001 at [61].
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